Part III Criminal Proceedings
F225 Assisting unlawful immigration to member State F1or the United Kingdom
(1)
A person commits an offence if he—
(a)
(b)
knows or has reasonable cause for believing that the act facilitates the commission of a breach F3or attempted breach of immigration law by the individual, and
(c)
knows or has reasonable cause for believing that the individual is not F4a national of the United Kingdom.
(2)
In subsection (1) “immigration law” means a law which has effect in a member State F5or the United Kingdom and which controls, in respect of some or all persons who are not nationals of the State F6or, as the case may be, of the United Kingdom, entitlement to—
(b)
transit across the State F9or the United Kingdom, or
(c)
be in the State F10or the United Kingdom.
F11(2A)
In subsections (1) and (2), “national of the United Kingdom” means—
(a)
a British citizen;
(b)
a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom; or
(b)
a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.
(3)
A document issued by the government of a member State certifying a matter of law in that State—
(a)
shall be admissible in proceedings for an offence under this section, and
(b)
shall be conclusive as to the matter certified.
F12(4)
Subsection (1) applies to things done whether inside or outside the United Kingdom.
(6)
A person guilty of an offence under this section shall be liable—
(a)
on conviction on indictment, to F13imprisonment for life, to a fine or to both, or
(b)
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
F14(7)
In this section—
F16(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .